To determine whether a crime or a delinquency adjudication
under s. 48.685(5m) or
50.065(5m),
Stats., is substantially related to the care of a client, the agency or entity
may consider all of the following:
(1)
In relation to the job, any of the following:
(a) The nature and scope of the job's client
contact.
(b) The nature and scope
of the job's discretionary authority and degree of independence in judgment
relating to decisions or actions that affect the care of clients.
(c) The opportunity the job presents for
committing similar offenses.
(d)
The extent to which acceptable job performance requires the trust and
confidence of clients or a client's parent or guardian.
(e) The amount and type of supervision
received in the job.
(2)
In relation to the offense, any of the following:
(a) Whether intent is an element of the
offense.
(b) Whether the elements
or circumstances of the offense are substantially related to the job
duties.
(c) Any pattern of
offenses.
(d) The extent to which
the offense relates to vulnerable clients.
(e) Whether the offense involves violence or
a threat of harm.
(f) Whether the
offense is of a sexual nature.
(3) In relation to the person, any of the
following:
(a) The number and type of offenses
the person committed or for which the person has been convicted.
(b) The length of time between convictions or
offenses, and the employment decision.
(c) The person's employment history,
including references, if available.
(d) The person's participation in or
completion of pertinent programs of a rehabilitative nature.
(e) The person's probation or parole
status.
(f) The person's ability to
perform or to continue to perform the job consistent with the safe and
efficient operation of the program and the confidence of the clients served
including, as applicable, their parents or guardians.
(g) The age of the person on the date of
conviction or dates of conviction.
